Full Judgment Text
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PETITIONER:
C.S. JOSHI
Vs.
RESPONDENT:
IIT, KANPUR & ANR.
DATE OF JUDGMENT: 21/03/1997
BENCH:
K. RAMASWAMY, K.T. THOMAS
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Leave granted.
This appeal by special leave arises from the judgment
of the learned single Judge of the Allahabad High Court,
made on March 29, 1996 in Civil Misc. Writ Petition NO.
8106/86.
The appellant, while working as Lower Division Clerk,
is side to have fabricated the record and misappropriated
the fund the respondent Institution. As a result show case
notice was issued and he was removed from service.
Subsequently, on a reference under Section 4-K of the U.P.
Industrial Disputes Act, The Labour court had in the award
directed reinstatement of the appellant with 50% of the
back-wages. Thereon, the respondent filled the writ
petition. Similarly, the appellant also filed the writ
petition. Both the writ petitions came to have been decided
on different dates. The write petition filed by the
respondent-institution had come up in the first instance
where the learned single judge, while maintaining the order
of reinstatement, ordered reducing the back-wages to 25%.
When the writ petition of the appellant had come up, the
learned Judge directed payment of 100% back-wages. The
matter was carried in appeal to this Court. This Court set
aside both the orders and remitted the matter for
reconsideration. After remand, the learned single Judge
considered the matter and restored the order passed by him
on the writ petition filed by the respondent - management
and dismissed the writ petition of the appellant. Thus, this
appeal by special leave.
The learned Judge felt it, in his discretion, to be
expedient that 25% of the back-wages would meet the ends of
justice. It being a discretionary order, we think that no
useful purpose would be served for further remittance.
The appeal is accordingly dismissed. No costs.